On Monday, December 9, 2002, at 10:55 AM, James A. Donald wrote:
"Permanent war" was the ideal for statists long, long before Orwell correctly described it in "1984." The First Fascist, Lincoln, suspended the Constitution and instituted Emergency Powers which are still in place.So far this has only been applied to people who are obviously hostile muslim terrorist wannabees, but the program will be steadily expanded. Indeed, part of the homeland security act already aims at people who make cartridges (reloaders), who will in due course be dealt with by the extrajudicial means provided for in the homeland security act.In general wars lead to a major temporary reduction in liberty, but a smaller permanent reduction in liberty. Unfortunately the war on terror will probably never end, so there will be no recovery. The government is on perfectly good constitutional ground when it claims that the army can do as it pleases on or near the battlefield. Trouble is, with terrorism or guerrilla war, the battlefield is arguably everywhere. We need a declaration of victory that will push the battlefield to somewhere far away.
(Others have studied this in more detail than I remember here. I think Froomkin was one who did a study. Anyway, the gist is that various Emergency Orders, Emergency Powers, etc. have been more or less in place since the 1860s. They took a sharp turn upward during the Second Fascist's rule, in the 1930s, and then again during the Third, Fourth, and Fifth Fascist periods.)
--Tim May
"That the said Constitution shall never be construed to authorize Congress to infringe the just liberty of the press or the rights of conscience; or to prevent the people of the United States who are peaceable citizens from keeping their own arms." --Samuel Adams
